The Denver
& Rio Grande Railway Historical Foundation, Inc. (DRGHF), a Class III
railroad, filed a petition on July 12, 2011, asking the Board to declare that 49
U.S.C. § 10501(b) preempts municipal zoning law with respect to DRGHF’s
activities on a parcel of land leased by DRGHF in Monte Vista, Colo. By
decision served on February 23, 2012, the Board instituted a declaratory order
proceeding to address this issue and directed the parties to comply with the
procedural schedule provided in the decision. The procedural schedule, among
other requirements, directed DRGHF to file opening evidence by March 26, 2012.

On March 26,
2012, DRGHF submitted a letter requesting an extension of time until April 9,
2012 to file its opening evidence. DRGHF asserts that it did not receive a
copy of the Board’s February 23, 2012 decision and that its President was away
from his office for three weeks in March for business and medical reasons.

On March 27,
2012, the San Luis & Rio Grande Railway (SLRG) submitted a letter opposing
DRGHF’s requested extension. SLRG questions DRGHF’s claim that it was not
aware of the Board’s February 23, 2012 decision, because SLRG sent DRGHF a
discovery request with a transmittal letter stating that the Board had set
April 26, 2012 as the deadline for SLRG’s reply. SLRG attaches a certified
mail receipt for this letter, signed by DRGHF’s President on March 6, 2012.
DRGHF submitted a letter replying to SLRG’s reply on March 29, 2012.

Notwithstanding
the apparent notice DRGHF received through SLRG’s discovery transmittal letter,
DRGHF has presented additional extenuating circumstances, including a medical
emergency, which support the requested extension. Thus, DRGHF’s request for an
extension of time will be granted for good cause shown, and the procedural
schedule will be extended by two weeks. The parties shall comply with the
procedural schedule set forth in Ordering Paragraph 2 below.

This action will not significantly
affect either the quality of the human environment or the conservation of
energy resources.

It is
ordered:

1. DRGHF’s request
for an extension of time is granted.

2. DRGHF’s opening evidence is due
by April 9, 2012. Replies are due by May 10, 2012. DRGHF’s rebuttal is due by
May 25, 2012.